(2) Notwithstanding subsection (1) of this section, if the Department of Transportation, county governing body or designated agent of the department or governing body, whichever is applicable, determines that a traffic or pedestrian hazard is created by the construction which causes imminent danger of personal injury, it may:
(a) Order the construction removed, repaired or maintained to eliminate the hazard, within 24 hours after delivery of written notice to the person, firm or corporation which caused the construction, and to the owner of the property on which the construction occurred.
(b) If the hazard is not removed within the time set under paragraph (a) of this subsection, remove the hazard and recover the expenses of any removal, repair or maintenance from any such person, firm or corporation in any court of competent jurisdiction. [1955 c.424 §5; 1979 c.873 §1]
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 374 - Control of Access to Public Highways
Section 374.005 - Policy and purpose of ORS 374.005 to 374.095.
Section 374.030 - Separation of throughways into separate roadways; ingress and egress.
Section 374.035 - Acquisition of real property; effect of resolution.
Section 374.055 - Evidentiary purposes of improvement plan.
Section 374.060 - Power of Department of Transportation as to intersecting streets and roads.
Section 374.065 - Intersection of throughways and county roads.
Section 374.070 - Throughways in cities; intersecting streets.
Section 374.302 - Definitions for ORS 374.302 to 374.334.
Section 374.305 - Necessity of permission to build on rights of way.
Section 374.307 - Removal or repair of installation constructed without permission.
Section 374.308 - Presumption of written permission.
Section 374.309 - County permits; rules.
Section 374.310 - State permits; rules.
Section 374.311 - Permit standards; rules.
Section 374.312 - Rules regarding permits for approach roads; intergovernmental agreements.
Section 374.313 - Claim for relief after closure of approach road; mediation; rules; appraisal.
Section 374.314 - Traffic impact analysis; rules.
Section 374.317 - Approach road maintenance.
Section 374.320 - Removal or repair of installation on right of way at expense of applicant.
Section 374.325 - Effect of ORS 374.305 to 374.325.
Section 374.326 - Collaboration with highway users.
Section 374.329 - Agreements with cities.
Section 374.330 - Prior status preserved.
Section 374.331 - Facility plans; rules.
Section 374.334 - Access management strategy; rules.
Section 374.355 - Dispute resolution procedures; rules.
Section 374.360 - Access Management Dispute Review Board.
Section 374.420 - County throughways; rights of abutting property owners.